Lack of clarity in Shropshire Council’s handling of planning application

Shropshire Council imposed a condition about vehicle movements on a planning consent but did not define exactly what it meant, finds Local Government Ombudsman, Dr Jane Martin.

In her report, issued today, she says: “the Council did not clearly specify or define what it meant by a vehicle movement.” There was nothing to indicate which definition was being applied, and this caused confusion for some councillors and the public.

She continued: “Clarity in decision making should be the goal of every council and it is not always easy to achieve. The Council accepts there was a lack of clarity in its use of definitions. Without a definition in the planning officer’s report, and nothing said about this at Committee, it is fortunate for the Council that the officers’ condition did reflect the Committee’s intention. It may easily have been otherwise.”

A resident objected to a planning application for a development that would increase the traffic movements related to a local agricultural business. Concerns were raised that this may have an unacceptable impact on the environmental amenity of nearby residents, by increasing night-time traffic movements.

When the Council considered the application, it imposed a condition on approval that restricted the site to only four vehicle movements between the hours of 2am and 6am. However, it failed to clearly specify or define what it meant by a 'vehicle movement: did a vehicle coming in and out count as one vehicle movement (circular definition), or two vehicle movements (linear definition)? This led some councillors and the public to be confused.

The Ombudsman finds maladministration but no injustice to the complainant.

The Council has already apologised, and it has committed to greater clarity in future recommendations to councillors. But the Ombudsman concluded, on the balance of probabilities, that the decision to grant planning permission would have been the same, even if the necessary clarity had been provided.

Report ref no 11 008 471

Article date: 25 October 2012

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